Guardianship Maintenance in Imamieh (Shari Law) and Codified Statue
| Autor: | Azra Khalili |
|---|---|
| Jazyk: | perština |
| Rok vydání: | 2009 |
| Předmět: | |
| Zdroj: | فقه و حقوق خانواده, Vol 13, Iss 49, Pp 128-147 (2009) |
| Druh dokumentu: | article |
| ISSN: | 2538-5291 2538-5283 |
| DOI: | 10.30497/flj.2009.67933 |
| Popis: | According to Islamic Law and Theological Principle maintenance for the immediate family of the person who is in hardship whether being an adult or minor is mandatory provided they are financially able. It is also recommended to help other needy distance relatives. It seems that most familes are not aware of their duty toward their family. Some times they fulfill their duty but it is out of sheer pity or religious culture. Guardianship maintenance is included in codified law and has been guaranteed but not fulfilling this obligation is considered a crime. Inspite of all these it seems that legislature didn't take in to account the spiritual and moral aspect of Islam in codifying laws, and above all ignores the financial necessities of guardianship. Some ambiguities and controversy still exist in laws regarding guardianship maintenance rights. This article studies the prime concepts of guardianship maintenance in codified laws as well as the valuable position of parents and Islamic laws regarding their rights which has been compared with jurisprudential principle. On the other hand the important point in present laws on the basis of Imamieh (Shari Law) is highlighted, it also emphasizes on the teaching of Islam in law making and cultural planning. |
| Databáze: | Directory of Open Access Journals |
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